» In Texas, DUI And DWI Mean Two Different Things

In Texas, DUI And DWI Mean Two Different Things

Austin, TX (Law Firm Newswire) October 14, 2013 – Drivers in Texas should understand there is a difference between a DUI charge and a DWI charge.

“Texas has the dubious distinction of having one of the highest rates of drunk driving in the nation. It is not something the state is proud of, and accordingly, the police have begun a drive to crack down on suspected drunk drivers ---- that is, drivers under the influence of alcohol or drugs,” stated Bobby Lee, a personal injury lawyer with the Austin firm of Lee, Gober & Reyna.

How are these drivers charged when stopped? Are they charged as DUI or DWI and what is the difference? The media makes a big issue out of DUI, but many do not realize that the law, in Texas, is more specifically aimed at minors under the age of 21. It is illegal for minors to drive if they have even a small amount of alcohol in their system. “If they are caught, they face a Class C misdemeanor and fairly strict penalties, like having their license suspended, hefty fines and community service,” Lee outlined. Police may also charge adults with a DUI.

If the police hand out a citation for DWI, it means the person in question was suspected of having alcohol and/or drugs in their system. According to the Texas Penal Code, this is considered to be a Class B misdemeanor and the offender lands in jail for 72-hours.

Herein lies a major difficulty when it comes to the police determining if someone is under the influence of something. Many of the usually accepted signs of a drunk individual are slurring, needing something to lean on, staggering and being slow to react to external stimuli or not able to answer questions coherently.
“These signs may also be indicative of a medical condition. This explains why a number of people may be falsely arrested for DUI or DWI. Defendants have rights and they need to know what they are. Speak to a DUI/DWI attorney who specializes in defending drivers in cases such as this,” suggested Lee, a plaintiff’s DWI/DUI attorney.

Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
Phone: 512.478.8080

  • Vaginal mesh implant lawsuits continue to be filed
    Kentucky’s attorney general just recently filed a lawsuit in Franklin Circuit Court against Johnson & Johnson (J & J) and their medical device subsidiary. It alleges deceptive marketing of vaginal mesh implants according to the state’s consumer protection act. Over 15,000 women in Kentucky received vaginal mesh implants. Allegedly, the company told doctors their mesh kits had been approved by the FDA. However, they had only been cleared. Kentucky is not the only state filing a lawsuit against J & J. California and Washington have also filed suits for similar reasons. The lawsuit alleges that J&J deliberately withheld vital information […]
  • Bars may be held responsible for serving customers who DWI
    Texarkana’s Fat Jack’s Oyster and Sports Bar and Hopkins Icehouse are facing two civil lawsuits as a result of a fatal 2013 drunk driving accident that killed two. Court documents allege Chad Caldwell consumed 20 beers and several cocktails at two different locations the night of the accident. The at fault party in this case was Caldwell with a blood alcohol level (BAC) of 0.301 when he drove his vehicle into Tameka Pavon’s car. Pavon, who was 38-years-old at the time of the accident and one of two of her passengers in the car died at the scene. The third […]
  • Off-duty police officer guilty of DWI for 2012 hit and run fatality
    It’s not just ordinary Texas citizens that drink and drive. In this case, an off-duty officer, 49-year-old Raymundo Carranza, ran into 26-year-old Richard Lopez, who was changing a tire at the side of Spur 601, killing him. Carranza left the scene of the accident, only to return two hours later and tell police he thought he had hit something, but did not know what it was. His blood alcohol content was 0.106 three hours after the wreck. The limit where an individual is considered to be legally drunk in Texas is 0.08. Carranza resigned from his job two days after […]
  • Drunken Driver Says GPS to Blame for Crash
    Police officers hear many reasons why someone was driving while under the influence of alcohol. This excuse however may be reasonably original – bad GPS directions. According to Moody police in Central Texas, a 28-year-old woman crashed into an outdoor picnic pavilion because she got bad directions from her GPS unit. The woman was driving with her 6-year-old son in the vehicle at the time of the crash. Her son sustained minor injuries in the incident. Officers had the driver complete a field sobriety test, which the woman failed, She was charged with DWI, DWI with a child and endangering […]
  • Drunk Driver Hits Man Pumping Gas
    When you go to fill your car with gas, the last thing you expect is to be hit by a drunk driver. That’s what happened in this case. This accident happened in South Austin on Interstate 35 near St. Elmo Road. Eyewitness say a speeding driver, who was weaving all over the highway, made a sharp turn at the off ramp to miss hitting a concrete divider. Justin Navarrete missed the divider but slammed into a light pole and Kyle Braker and his car. Braker was pumping gas into his vehicle. The victim’s pelvis was fractured and his lungs damaged. […]

See other news sources publishing this article. BETA | Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required